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06-233 - In re: Diebold Derivative Litigation


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06-233 - In re: Diebold Derivative Litigation
October 20, 2006
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Order granting defendants' motions to consolidate cases. The cases are consolidated into three classes 1) Securities Actions 2) ERISA Actions and 3) Derivative Actions. All cases are assigned to the complex track; The lead case in the Securities Actions is 5:05cv2873 and member cases are 5:05cv2912, 5:05cv2997, 5:06cv40, 5:06cv296. The lead case in the ERISA Actions is 5:06cv170 and member cases are 5:06cv307, 5:06cv324, and 5:06cv361. The lead case in the Derivative Actions is 5:06cv233 with the member case 5:06cv418. All filings shall be made in the lead case only and not in the individual actions. With regard to the ERISA Actions only, a hearing will be held on 11/22/06 at 1:30 p.m. to determine the designation of lead plaintiff and lead counsel. Discovery including initial disclosures is stayed until the court holds a case management conference, which will be scheduled following the appointment of lead plaintiffs and counsel in the ERISA Actions. Signed by Judge Peter C. Economus on 10/20/06. (Related Doc # 7). (M, V)
February 29, 2008
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Memorandum Opinion and Order granting 30 Motion to dismiss Consolidated Amended Shareholder Derivative Complaint filed by Diebold, Inc. and granting 27 Motion to dismiss Plaintiffs' Consolidated Amended Shareholder Derivative Complaint filed by William F. Massy, Henry D.G. Wallace, David Bucci, Richard L. Crandall, Christopher M. Connor, John M. Crowther, Michael J. Hillock, Kevin J. Krakora, Walden W. O'Dell, Eric C. Evans, Gale S. Fitzgerald, Louis V. Bockius, III, Gregory T. Geswein, John N. Lauer, Phillip B. Lassiter, Robert Urosevich, Thomas W. Swidarski. Plaintiffs federal law claim for disgorgement under SOX, Section 304 is dismissed, with prejudice, pursuant to Fed. R. Civ. P. 12(b)(6). The Court declines to exercise supplemental jurisdiction over Plaintiffs pendent state law claims. Those claims are dismissed without prejudice. This case is closed. Signed by Judge Sara Lioi on 2/29/08. (B,IE)